Justice Munib Akhter has indicated that he cannot participate in the bench hearing the review petition on Article 63-A, but he will not officially recuse himself.
As the bench, led by Chief Justice Qazi Faez Isa, began proceedings, the Chief Justice read a letter from Justice Munib Akhter addressed to the Registrar.
In his letter, Justice Munib clarified that his absence should not be interpreted as a recusal, but he is unable to sit on the bench.
Despite the request made in the letter, Chief Justice Isa declined to include it in the official record since the bench has already been formed.
The Chief Justice mentioned he would ask Justice Munib to reconsider joining the bench, but if he declines, a new member will be appointed due to the significance of this constitutional matter, and further delays will not be tolerated.
This case relates to the Supreme Court’s May 17, 2022, ruling, which determined that parliamentarians who do not adhere to party directives during a specific voting scenario would be disqualified, and their votes would not be counted.
The Supreme Court Bar Association has filed a review, which has been pending for over two years and is finally set for a hearing.